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 Marsha Chartrand

Gov. Whitmer signs law allowing Michigan to pass stricter environmental rules

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Sen. Sean McCann, D-Kalamazoo, sponsored the repeal bill signed into law Thursday. The new law allows state agencies to once again apply more stringent standards than the feds and will enable the state to better protect the natural resources in Michigan, he said. Tada Images / Shutterstock.com.

by Yue Stella Yu (Bridge Michigan)

Michigan will now be able to set harsher environmental regulations than the federal standard, after Democratic Gov. Gretchen Whitmer signed legislation expanding the state regulatory power Thursday.

The new law reverses a 2018 state law 鈥 also known as the听鈥渘o stricter than federal鈥 policy 鈥 that limited state authority, not allowing Michigan to set more stringent rules than the federal government in most cases.

The 2018 law 鈥斕齝hampioned by Republicans and business groups but criticized by environmentalists听鈥 passed during the final days of former Republican Gov. Rick Snyder administration. Under that law, agencies were required to follow federal standards unless they could demonstrate a听鈥渃lear and convincing need鈥澨齯nder听鈥渆xceptional circumstances鈥澨齠or stricter regulations.

Supporters of the Snyder-era law have long argued听that, if the state adopted rules far more stringent than the national standard, it would risk discouraging investments and bring uncertainty for companies subject to those rules.

Amanda Fisher, lobbyist and state director of the National Federation of Independent Business, argued in a June 8 letter to lawmakers that federal regulations already 鈥渄isproportionately鈥 affect small businesses, which were hit hard during the COVID-19 pandemic.

Allowing the state to apply further restrictions, she said, would give 鈥渦nelected bureaucrats more power with less justification and accountability to both legislators and taxpayers, including small business owners.鈥

But environmental groups and Democrats have said the 2018 law restricted the state ability to rein in certain types of chemical pollution, for which the federal government doesn鈥檛 have a standard, such as听the spread of 1,4-Dioxane 鈥 an industrial compound used as a solvent to produce other chemicals听鈥斕齣n drinking water in Ann Arbor.

Charlotte Jameson, chief policy officer at the Michigan Environmental Council, urged lawmakers to repeal the 2018 law in a June 8 letter, calling it 鈥渃lumsy鈥 and 鈥渉armful.鈥

She said the law stripped the state Department of Environment, Great Lakes and Energy of the power to rein in air pollution, for example, when locals complained that the听Ajax Asphalt plant in Flint听and the听Stellantis Detroit Assembly Complex听worsened air quality.

鈥淲e should not have laws in place that tie our hands when overcoming challenges and threats that impact our state,鈥 Jameson argued.

Repealing the 鈥渘o stricter than federal鈥 law was听one of several environmental policy priorities听for Democrats, as they gained control of both the governor office and the legislative majority in January for the first time in 40 years.

On Thursday, Democrats celebrated the signing of the law, arguing it would allow state agencies to better protect Michigan natural resources and tailor the policies to the state unique needs.

鈥淲e recognize that federal standards should be viewed as the floor, not the ceiling,鈥 bill sponsor Sen. Sean McCann, D-Kalamazoo, said in a Thursday statement. 鈥淭his law will ensure our state can act swiftly with the best science available in the future.鈥

But Republicans railed against the law, arguing it would enable the state to implement 鈥渉arsh, complex, burdensome regulations.鈥

鈥淲e should be focused on helping people thrive while protecting the health and safety of Michiganders, but left-wing environmentalists want to cripple businesses with over-the-top regulations that are completely unnecessary and burdensome,鈥 House Minority Leader Matt Hall, R-Richland Township, said in a Thursday statement.

Other states already have adopted more stringent rules than the federal standards.听California, for example, has stricter air emission standards听under the federal Clean Air Act, which allowed a carve-out for the Golden State. The state has some of the strictest environmental rules in the country.

Whitmer on Thursday also signed several other laws into effect, including measures to听encourage solar energy use,听promote energy-efficient projects听through collaborations between local governments and private businesses and听help low-income families pay energy bills.

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